Terms and Conditions

Syqe Medical Terms of Use

Last Revised: September 30th, 2014

Syqe Medical Ltd. (“Syqe Medical“, “we“, “our“, “Company”) welcomes you (the “User(s)”, or “you”) to our website at www.syqemedical.com (the “Site”). Our Site offers basic information on our company and products. Each of the Site’s Users may use the Site only in accordance with the terms and conditions hereunder.

1.Acceptance of the Terms

By entering, connecting, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy at www.syqemedical.com/privacypolicy (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Syqe Medical and you. IF YOU DO NOT AGREE TO THESE TERMS OR LACK THE NECESSARY LEGAL CAPACITY TO AGREE TO THESE TERMS, YOU MANY NOT ENTER, CONNECT, ACCESS OR USE THE SITE IN ANY MANNER.

2.The Site

The Site provides you with comprehensive information and resources about the Company’s products, system, technology, explanations regarding the clinical trial of the Products and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). Users who are interested in additional professional information may use our contact form (the “Contact Form“).

PLEASE READ CAREFULLY: ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE IS RESERVED TO SYQE MEDICAL LTD. THE PRODUCTS PRESENTED IN THE SITE ARE NOT YET COMMERCIALLY AVAILABLE AND ARE SUBJECT TO RECEIPT OF APPLICABLE MARKETING REGULATORY APPROVALS (INCLUDING BUT NOT LIMITED TO FDA AND CE MARKING). THE COMMERCIAL PRODUCTS MAY VARY. THE CONTENT AVAILABLE ON OUR SITE DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY IN ANY JURISDICTION.

IN ADDITION, THE SITE AND THE CONTENT THEREIN ARE PROVIDED FOR GENERAL KNOWLEDGE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE, DIAGNOSIS, TREATMENT OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. SYQE MEDICAL DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE RECOMMEND OR ASSUME IN ANY MANNER ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE NOR DOES SYQE MEDICAL ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF OUR SITE, THE VIDEOS AND/OR SERVICES AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE.

3.Use Restrictions

There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Syqe Medical’s sole discretion) in the termination of your access to the Site and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content at this Site, in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Syqe Medical’s prior written consent; (iii) create a browser or border environment around Syqe Medical Content (no frames or inline linking); (iv) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes the Content on this Site; (ix) frame or mirror any part of this Site without Syqe Medical’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from this Site; (xi) forward any data generated from this Site without the prior written consent of Syqe Medical; or (xii) use this Site for any illegal, immoral or unauthorized purpose; (xiii) use the Site, the and/or the Content for non-personal or commercial purposes without Syqe Medical’s express prior written consent; or (xiv) infringe or violate any of the Terms.

4.Contacting us via the Site

In order to contact us for additional information regarding our products you will need to fill out and complete the Contact Form www.syqemedical.com/#contact, the Contact Form requires you to provide your full name and email address.

5. Privacy Policy

Syqe Medical respects your privacy and is committed to protect the information you share with it. Syqe Medical believes that you have a right to know our practices regarding the information Syqe Medical collects when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in our Privacy Policy http://www.syqemedical.com/#privacy. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

6.Intellectual Property Rights

The Site, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned and/or licensed to Syqe Medical and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Syqe Medical’s proprietary rights, including Syqe Medical’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Syqe Medical (“Feedback“), Syqe Medical shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Syqe Medical current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Syqe Medical to comply with any additional obligations with respect to any Syqe Medical current or future products, technologies or services that incorporate any Feedback.

7.Availability

The Site’s availability and functionality depends on various factors, such as communication networks. Syqe Medical does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

8.Changes to The Site

Syqe Medical reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Syqe Medical shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.

9.Trademarks and Trade names

Syqe Medical, EXO, Syqe Medical’s marks and logos and all other proprietary identifiers used by the Company in connection with the Site (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

10.Disclaimer and Warranties

SYQE MEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SYQE MEDICAL DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON THE SITE. THE USE OF THE SITE, THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND SYQE MEDICAL SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

SYQE MEDICAL DOES NOT WARRANT THAT THE OPERATION OF THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

11.Limitation of Liability

IN NO EVENT SHALL SYQE MEDICAL, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, OR THE USE OR INABILITY TO USE THE SITE, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF SYQE MEDICAL TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF SYQE MEDICAL BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SYQE MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.Indemnification

You agree to defend, indemnify and hold harmless Syqe Medical from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of any term of theseTerms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site (including your violation of any third party rights).

13.Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto. The Company may make Non-Material Changes to the Terms at any time, without having to give prior notice. In case of any Material Change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice. In this section, “Material Change” shall mean any changes sufficient to impose new charges on the User, derogate from the User’s rights under this agreement, change any copyright permission or alter the Website’s privacy policy, “Non-Material Change” shall mean any changes which are not “Material Changes”.14.Termination of Site’s operation

At any time, Syqe Medical may block your access to the Site and/or temporarily or permanently limit your access to the Site, at its sole discretion, in addition to any other remedies that may be available to Syqe Medical under any applicable law. Such actions by Syqe Medical may be taken if Syqe Medical deems that you have breached any of these Terms in any manner.

Additionally, Syqe Medical may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Syqe Medical does not assume any responsibility with respect to, or in connection with the termination of The Site’ operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.

15.Minors

To enter the Site you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site.

16.Links to Third Party Sites

Certain links provided herein permit you to leave this Site and enter non-Syqe Medical websites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of Syqe Medical and it is not responsible for the availability of such external sites or resources, nor does it endorse, responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. Syqe Medical reserves the right to terminate any link at any time. You further acknowledge and agree that Syqe Medical shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource. We encourage you to carefully read the privacy policies and the terms of use of such websites before using those sites.

17.General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Syqe Medical may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.